Wrongful Death Compensation In Connecticut
When someone fatally injures your loved one, your family endures unimaginable grief. If the deceased was the primary provider, you must also change your lifestyle to match a new financial reality.
Connecticut’s Wrongful Death statutes may allow you to recover compensation to minimize your financial setbacks. If you feel uncomfortable making complex legal decisions, our Connecticut wrongful death attorney can provide the guidance you need.
At Baber Law, we are committed to confidential and compassionate representation. When you schedule a complimentary consultation, we can discuss your case and explain your legal options. We fully understand that compensation can’t diminish your losses, but it can provide resources to help you focus on your family’s financial needs.
Connecticut Wrongful Death Statutes
Connecticut General Statutes, §52-555, explains your legal rights when someone causes a fatal injury. We file wrongful death lawsuits to recover personal injury damages the decedent could have recovered had they lived.
Who Can File a Lawsuit?
In Connecticut, only the decedent’s personal representative has a legal right to file a suit on behalf of a decedent’s estate. If the decedent doesn’t have a will that names an executor or administrator, we can work with the probate court in establishing the estate.
Wrongful Death Beneficiaries
The personal representative files the lawsuit on behalf of the decedent. Once the estate is resolved, including any wrongful death settlements, Connecticut lists a hierarchy of beneficiaries who will share the proceeds.
- Surviving spouse: The surviving spouse is typically the primary beneficiary.
- Surviving children: If there are surviving children, they are also considered primary beneficiaries.
- Surviving parents: If there is no surviving spouse or children, the deceased person’s parents may be eligible to receive compensation.
- Other surviving beneficiaries: This category may include other family members or individuals who were financially dependent on the deceased.
Common Causes of Wrongful Death
A wrongful death occurs when a person, business, or organization commits a negligent act that causes fatal injuries. Accidents occur under many circumstances:
- Auto and Truck Accidents: Involving drunk, speeding, or distracted drivers, pedestrians, or commercial vehicles
- Medical Malpractice: Patient fatalities due to medical errors, omissions, or negligent acts.
- Workplace Injuries: Fatal injuries caused by poorly maintained conditions, defective or inherently dangerous machinery, or adverse safety standards
- Defective Products: Fatal incidents involving defective machinery, vehicles, appliances, toys, drugs, or medical devices
- Premises Liability: Fatal injuries due to poorly maintained, defective, unsafe, or deteriorating conditions.
- Fatal Dog Bite Injuries: Injuries caused during attacks by unrestrained dogs
Recoverable Wrongful Death Damages
Courts award compensatory damages to the deceased’s estate. They allocate compensation based on economic and non-economic damages:
Economic damages compensate for financial losses incurred before and after death. These may include:
- Medical expenses: Hospital stays, procedures, doctor visits, and other medical care before death.
- Funeral and burial costs: Expenses for services, burial, cremation, and related costs.
- Lost income and benefits: Wages, salaries, bonuses, and employment benefits the deceased would have earned.
- Loss of future financial support: Compensation for financial support the deceased would have provided to dependents.
Non-Economic damages compensate the estate for intangible losses experienced by the decedent before their death. Values for these losses are not easily quantifiable. They may include:
- Pain and suffering: Compensation for the deceased’s physical pain and emotional distress from their injuries before death.
- Loss of enjoyment of life’s activities: Accounts for the deceased’s inability to partake in hobbies, sports, and social interactions due to their injury and death.
- Loss of consortium: As to the surviving spouse’s loss of support, affection, and companionship
- Conscious pain and suffering before death: Addresses pain and suffering experienced before death.
Punitive damages: A court may award punitive damages to punish a negligent party for malicious intent or gross negligence.
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Survivor’s Actions and Damages
In addition to a wrongful death claim, Connecticut law allows for a separate legal action known as a “survival action.” This action is brought by the executor or administrator of the estate to recover damages for the losses the deceased person suffered between the time of their injury and the time of their death.
Damages in a survival action may include:
- Medical expenses between the time of injury and death
- Pain and suffering endured by the deceased before they passed away
- Lost income during the period from injury to death
It’s important to distinguish between a wrongful death claim and a survival action. A wrongful death claim focuses on the losses suffered by the survivors due to the death, while a survival action focuses on the deceased’s losses before their death.
Filing Deadline
An estate must settle a wrongful death claim or file a lawsuit within two years from the decedent’s date of death. Survival actions follow this same timeframe. In most situations, if the estate misses this deadline, it loses the right to recover damages. To avoid statute of limitations complications, contact Baber Law as soon as possible.
Protect Your Future. Review Your Accident Case With Nate Baber.
Connecticut Wrongful Death Lawyer
If someone fatally injured your loved one, contact Baber Law to discuss your legal options. When you’re ready to discuss the potential for filing a wrongful death suit, we’ll schedule a free consultation.
- Call Us: 855-285-3425
- Schedule A Consultation: On this page or Visit Our Contact Page
